CIVIL AVIATION ACT 1988
CIVIL AVIATION SAFETY REGULATIONS 1998
ISSUE OF AIRWORTHINESS DIRECTIVE
Under section 98 of the Civil Aviation Act 1988, the Governor-General may make regulations for the purposes of the Act and in the interests of the safety of air navigation. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, CASA may issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products. Subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998 provides that an AD is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901. Therefore, in accordance with section 6 of the Legislative Instruments Act 2003, an AD is a legislative instrument.
Under Annex 8 to the Convention on International Civil Aviation, the State of Design has overall responsibility for continuing airworthiness of an aircraft type, and must provide any information necessary to ensure the continuing airworthiness of a type to appropriate States of Registry. ADs (and their equivalents) are the most common form of continuing airworthiness information, and are issued by most ICAO Contracting States.
The State of Registry of an individual aircraft is responsible for its continuing airworthiness. Under Annex 8, the State of Registry must develop or adopt requirements to ensure the continuing airworthiness of aircraft. When a State of Design issues an AD against a type of aircraft on the Australian Register, CASA, as Australia’s national airworthiness authority, must assess that information and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design.
The United States FAA has issued AD 2005-16-08 affecting Boeing 717-200 model aircraft. The United States is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/B717/18, which will become effective on 29 September 2005.
As this AD is issued because of Australia’s obligations under Convention on International Civil Aviation, and because it is issued in response to an AD raised by the relevant State of Design, no consultation of the Australian public has taken place on this AD. The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, New Technologies and Systems, in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide for the regulation of civil aviation in Australia with a focus on safety, efficiency, and economic development. It serves as the primary legislative framework for the regulation of civil aviation operations, including aircraft airworthiness. The Civil Aviation Safety Regulations 1998 further detail specific safety standards and procedures in alignment with the objectives of the Act. Under section 98 of the Act, the Governor-General has the authority to make regulations in the interests of air navigation safety, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific aircraft or aeronautical products. This regulatory approach ensures that Australia adheres to international standards as outlined in Annex 8 to the Convention on International Civil Aviation, maintaining the safety and airworthiness of aircraft registered in Australia.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legal framework for the regulation of civil aviation in Australia. Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations for the purposes of the Act, ensuring the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These ADs are legislative instruments, subject to disallowance and review under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003, respectively. The ADs serve as a mechanism for ensuring the continuing airworthiness of aircraft, mandated by the State of Design and enforced by the State of Registry. In the case of AD 2005-16-08 issued by the United States Federal Aviation Administration (FAA) for Boeing 717-200 aircraft, CASA issued its equivalent Australian AD/B717/18, reflecting Australia’s obligations under the Convention on International Civil Aviation. Given the international nature and the specific technical requirements of such directives, they are not subject to public consultation or the need for a Regulatory Impact Statement. Instead, they are issued by designated CASA officials in accordance with the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the framework within which airworthiness directives (ADs) are issued to ensure the safety of air navigation. Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations for the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. According to subregulation 39.001(5), ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, making them legislative instruments as per section 6 of the Legislative Instruments Act 2003.
The obligations placed on the parties under these provisions include the responsibility of the State of Design to ensure the continuing airworthiness of an aircraft type, as outlined in Annex 8 to the Convention on International Civil Aviation. This includes providing necessary information to States of Registry. The State of Registry, such as Australia in the case of CASA, is responsible for the continuing airworthiness of individual aircraft within its jurisdiction. When a State of Design, like the United States for the Boeing 717-200, issues an AD, CASA must evaluate this information and, if appropriate, issue a corresponding Australian AD to enforce the required safety measures.
Failure to comply with the requirements set out in an AD can result in serious consequences. Under the Civil Aviation Act 1988, non-compliance can lead to civil penalties, including fines, and potentially criminal charges if the non-compliance results in harm or endangers public safety. The specific penalties can vary based on the severity of the breach and are determined according to the provisions of the Act and related regulations.
The issuance of ADs, particularly those in response to international obligations, does not generally require public consultation. This is because ADs are a standard mechanism for maintaining airworthiness and safety in line with international standards. The Office of Regulatory Review has also determined that ADs do not necessitate a Regulatory Impact Statement, simplifying the process of issuing necessary safety directives without extensive bureaucratic delays. The AD is made by the Manager, New Technologies and Systems, in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, following the provisions of subsection 84A(2) of the Act.